Bill Text: TX HB2002 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the county ethics commission for certain counties.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2011-05-28 - Effective on 9/1/11 [HB2002 Detail]

Download: Texas-2011-HB2002-Enrolled.html

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H.B. No. 2002

AN ACT
relating to the county ethics commission for certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.057, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) Members of the commission serve terms of two years.
Members appointed as provided by Section 161.055(a)(1) serve terms
beginning on February 1 of each odd-numbered year. Members
appointed as provided by Section 161.055(a)(2) serve terms
beginning on February 1 of each even-numbered year.
(a-1) To replace or reappoint the commission members
appointed as provided by Section 161.055(a)(2) whose terms expire
on January 31, 2013, the commissioners court shall appoint
commission members as provided by Section 161.055(a)(2) for
one-year terms to begin on February 1, 2013. Thereafter, members
appointed as provided by Section 161.055(a)(2) shall serve two-year
terms. To the extent of a conflict between this subsection and
Subsection (a), this subsection controls. This subsection expires
September 1, 2014.
SECTION 2. Section 161.0591, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) The position of chair is selected from the commission
members by a majority vote of the commission members. The chair
serves a term of [alternates every] six months [between members
appointed under Section 161.055(a)(1) and members appointed under
Section 161.055(a)(2) and rotates so that each position on the
commission serves as chair, as follows:
[(1) the rotation of members appointed under Section
161.055(a)(1) begins with the member appointed by the county judge,
followed by the members appointed by the county commissioners in
order of precinct number; and
[(2) the rotation of members appointed under Section
161.055(a)(2) begins with the member appointed under Section
161.055(a)(2)(A), followed by the members appointed under Sections
161.055(a)(2)(B), (C), (D), and (E) in that order].
(c) A commission member may decline to serve as chair.
SECTION 3. Sections 161.104(a) and (c), Local Government
Code, are amended to read as follows:
(a) Not later than the 30th [60th] day after the date a
person is appointed to the commission, the person must complete
training on the following matters:
(1) the legislation that created the commission;
(2) the role and functions of the commission; and
(3) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code; and
(C) other laws relating to public officials,
including conflict-of-interest laws.
(c) A person who is appointed to and qualifies for office as
a member of the commission may not vote, deliberate, or be counted
as a member in attendance at a meeting of the commission after the
30th day after the date the person is appointed to the commission
unless [until] the person has completed [completes] a training
program as required by Subsection (a) [that complies with this
section].
SECTION 4. Section 161.105, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) The commission and commission staff shall make
available [provide] periodic training for persons covered by the
ethics code adopted by the commission [on at least a quarterly
basis].
(e) A person covered by the ethics code or a lobbyist or
vendor required by this section to complete training must complete
the training as determined by the commission.
SECTION 5. Section 161.1551(d), Local Government Code, is
amended to read as follows:
(d) A commission member serves on the standing preliminary
review committee for six months. After the end of a commission
member term on the standing preliminary review committee, service
on the committee rotates so that each position on the commission
serves on the committee, beginning [as provided by Section 161.0591
for the rotation of the chair, except that the rotation begins] with
the initial members of the standing preliminary review committee
chosen under Subsection (c) and succeeded by the next member on the
list as described below:
(1) for the rotation of members appointed under
Section 161.055(a)(1), the order of service is the member appointed
by the county judge, followed by the members appointed by the county
commissioners in order of precinct number; and
(2) for the rotation of members appointed under
Section 161.055(a)(2), the order of service is the order listed by
that section.
SECTION 6. Sections 161.156(b), (c), (d), and (e), Local
Government Code, are amended to read as follows:
(b) Not later than the 14th [10th business] day after the
date a complaint is filed, the standing preliminary review
committee shall send written notice to the complainant and the
respondent. The notice must state whether the complaint complies
with the form requirements of Section 161.155 and include the
information required by Section 161.158(c).
(c) If the standing preliminary review committee determines
that the complaint does not comply with the form requirements, the
committee shall send the complaint to the complainant with the
written notice, a statement explaining how the complaint fails to
comply, and a copy of the rules for filing sworn complaints. The
complainant may resubmit the complaint not later than the 14th
[21st] day after the date the notice under Subsection (b) is
mailed. If the standing preliminary review committee determines
that the complaint is not resubmitted within the 14-day [21-day]
period, the committee shall:
(1) dismiss the complaint; and
(2) not later than the 14th [10th business] day after
the date of the dismissal, send written notice to the complainant
and the respondent of the dismissal and the grounds for dismissal.
(d) If the standing preliminary review committee determines
that a complaint is resubmitted under Subsection (c) within the
14-day [21-day] period but is not in proper form, the committee
shall send the notice required under Subsection (c), and the
complainant may resubmit the complaint under that subsection.
(e) If the standing preliminary review committee determines
that a complaint returned to the complainant under Subsection (c)
or (d) is resubmitted within the 14-day [21-day] period and that the
complaint complies with the form requirements, the committee shall
send the written notice under Subsection (b).
SECTION 7. Sections 161.157(a) and (b), Local Government
Code, are amended to read as follows:
(a) A county public servant [The county] may not suspend or
terminate the employment of or take other adverse action against a
county employee who in good faith files a complaint or otherwise
reports to the commission, commission staff, or another law
enforcement authority a violation of the ethics code by a person
subject to the ethics code.
(b) A county public servant [The county] may not suspend or
terminate the employment of or take other adverse action against a
county employee who in good faith participates in the complaint
processing, preliminary review, hearing, or any other aspect of the
investigation and resolution by the commission of an alleged
violation of the ethics code by a person subject to the ethics code.
SECTION 8. Section 161.158(d), Local Government Code, is
amended to read as follows:
(d) If the standing preliminary review committee determines
that the commission does not have jurisdiction over the violation
alleged in the complaint, the committee shall:
(1) dismiss the complaint; and
(2) not later than the 14th [10th business] day after
the date of the dismissal, send to the complainant and the
respondent written notice of the dismissal and the grounds for the
dismissal.
SECTION 9. Sections 161.159(a) and (b), Local Government
Code, are amended to read as follows:
(a) If the alleged violation is a Category One violation:
(1) the respondent must respond to the notice required
by Section 161.156(b) not later than the 14th [10th business] day
after the date the respondent receives the notice; and
(2) if the matter is not resolved by agreement between
the standing preliminary review committee [commission] and the
respondent before the 30th [business] day after the date the
respondent receives the notice under Section 161.156(b), the
[standing preliminary review] committee shall set the matter for a
preliminary review hearing to be held at the next committee meeting
[for which notice has not yet been posted].
(b) If the alleged violation is a Category Two violation:
(1) the respondent must respond to the notice required
by Section 161.156(b) not later than the 14th [25th business] day
after the date the respondent receives the notice under Section
161.156(b); and
(2) if the matter is not resolved by agreement between
the standing preliminary review committee [commission] and the
respondent before the 30th [75th business] day after the date the
respondent receives the notice under Section 161.156(b), the
[standing preliminary review] committee shall set the matter for a
preliminary review hearing to be held at the next committee meeting
[for which notice has not yet been posted].
SECTION 10. Sections 161.163(b), (c), and (d), Local
Government Code, are amended to read as follows:
(b) If the standing preliminary review committee determines
that there is credible evidence for the committee to determine that
a violation has occurred, the committee shall resolve and settle
the complaint to the extent possible. If the committee
successfully resolves and settles the complaint, not later than the
14th [10th business] day after the date of the final resolution of
the complaint, the committee shall send to the complainant and the
respondent a copy of the order stating the committee's
determination and written notice of the resolution and the terms of
the resolution. If the committee is unsuccessful in resolving and
settling the complaint, the committee shall:
(1) order a formal hearing to be held in accordance
with Sections 161.164-161.167; and
(2) not later than the 14th [10th business] day after
the date of the order, send to the complainant and the respondent:
(A) a copy of the order;
(B) written notice of the date, time, and place
of the formal hearing;
(C) a statement of the nature of the alleged
violation;
(D) a description of the evidence of the alleged
violation;
(E) a copy of the complaint;
(F) a copy of the commission's rules of
procedure; and
(G) a statement of the rights of the respondent.
(c) If the standing preliminary review committee determines
that there is credible evidence for the committee to determine that
a violation within the jurisdiction of the commission has not
occurred, the committee shall:
(1) dismiss the complaint; and
(2) not later than the 10th [fifth business] day after
the date of the dismissal, send to the complainant and the
respondent a copy of the order stating the committee's
determination and written notice of the dismissal and the grounds
for dismissal.
(d) If the standing preliminary review committee determines
that there is insufficient credible evidence for the committee to
determine that a violation within the jurisdiction of the
commission has occurred, the commission may dismiss the complaint
or order a formal hearing under Sections 161.164-161.167. Not
later than the 10th [fifth business] day after the date of the
committee's determination under this subsection, the committee
shall send to the complainant and the respondent a copy of the
decision stating the committee's determination and written notice
of the grounds for the determination.
SECTION 11. Section 161.166(a), Local Government Code, is
amended to read as follows:
(a) Not later than the 10th [fifth business] day before the
date of a scheduled formal hearing or on the granting of a motion
for discovery by the respondent, the commission shall provide to
the respondent:
(1) a list of proposed witnesses to be called at the
hearing;
(2) copies of all documents expected to be introduced
as exhibits at the hearing; and
(3) a brief statement as to the nature of the testimony
expected to be given by each witness to be called at the hearing.
SECTION 12. Sections 161.167(a) and (c), Local Government
Code, are amended to read as follows:
(a) At the conclusion of the formal hearing or not [Not]
later than the 40th [30th business] day after the date of the formal
hearing, the commission may [shall] convene a meeting and by motion
shall issue:
(1) a final decision stating the resolution of the
formal hearing; and
(2) a written report stating the commission's findings
of fact, conclusions of law, and recommendation of imposition of a
civil penalty, if any.
(c) Not later than the 14th [10th business] day after the
date the commission issues the final decision and written report,
the commission shall:
(1) send a copy of the decision and report to the
complainant and to the respondent; and
(2) make a copy of the decision and report available to
the public during reasonable business hours.
SECTION 13. Sections 161.168(d) and (e), Local Government
Code, are amended to read as follows:
(d) The commission shall resolve a complaint within three
[six] months of its receipt unless it makes a determination that
additional time is required to resolve the matter. On a
determination that additional time is required, the commission may
extend the investigation in three-month increments. Each
extension requires separate approval by the commission.
(e) If the commission does not resolve the matter within
three [six] months or within an authorized extension, the complaint
shall be deemed to have been dismissed without prejudice.
SECTION 14. Section 161.172(b), Local Government Code, is
amended to read as follows:
(b) Chapter 551, Government Code, does not apply to the
processing, preliminary review, preliminary review hearing, or
resolution of a sworn complaint, but does apply to the conduct of a
formal hearing [held] under Sections 161.164-161.167. Chapter 551,
Government Code, does not apply to the deliberation by the
commission regarding a contested complaint following the
conclusion of a formal hearing, but does apply to the meeting at
which the commission issues a final decision stating the resolution
of the final hearing.
SECTION 15. Sections 161.173(a) and (b), Local Government
Code, are amended to read as follows:
(a) Except as provided by Subsection (b), (c), or (m),
proceedings at a preliminary review hearing performed by the
standing preliminary review committee [commission], a sworn
complaint, and documents and any additional evidence relating to
the processing, preliminary review, preliminary review hearing, or
resolution of a sworn complaint are confidential and may not be
disclosed unless entered into the record of a formal hearing or a
judicial proceeding, except that a document or statement that was
previously public information remains public information.
(b) An order issued by the standing preliminary review
committee [commission] after the completion of a preliminary review
or hearing determining that a violation other than a technical or de
minimis violation has occurred is not confidential.
SECTION 16. The change in law made by this Act to Section
161.057, Local Government Code, applies only to the term of a member
of a county ethics commission appointed on or after the effective
date of this Act. The term of a member appointed before the
effective date of this Act is governed by the law in effect when the
member was appointed, and the former law is continued in effect for
that purpose.
SECTION 17. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2002 was passed by the House on April
26, 2011, by the following vote: Yeas 148, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2002 was passed by the Senate on May
13, 2011, by the following vote: Yeas 31, Nays 0
.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor